Nagle Sexson v. Sexson

JAMES, J.

Two actions were brought in the superior court by the above-named plaintiff against the above-named 'defendant, in each of which judgment was rendered in favor of the plaintiff. Separate appeals were taken by the defendant from the judgments. The eases were tried together in the superior court and by stipulation the appeals are presented in the same way.

The actions of the plaintiff were brought for the purpose of having it determined that she was owner of certain real property situated in the city of San Diego. The general allegations of the two complaints were similar, except that the property involved was of different descriptions. For the sake of brevity we will designate the property described in action 3606 as the Horton’s Addition lot, and that described in action 3607 as the Hillerest lot. The plaintiff first alleged that she was, and for a long time prior to the occurrence of the matters stated in her complaint had been, the wife of the defendant; that she was the owner of both of the lots mentioned in her sole and separate right; that in November, 1913, she deeded to the defendant an undivided one-third interest in the Horton’s

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Addition lot, and in April, 1918, transferred the legal title to the Hillerest lot to the defendant. She alleged that these transfers were made without consideration of any kind and were made “for the purpose of establishing an immediate and temporary credit for said defendant, and under the agreement and promise of the defendant to use said property for such purpose and no other, and with the specific understanding and agreement between plaintiff and defendant that defendant would deed said property to-plaintiff upon her request after any credit obtained by the defendant by virtue of holding said property had been satisfied.” Demand was alleged to have been made upon the defendant on or about the first day of November, 1919, that he deed the property back to the plaintiff, and that such demand had not been complied with. In a second cause of action alleged in each of the complaints it was set out that the deeds of the plaintiff to both parcels of realty had been obtained by fraud and undue influence; that defendant had great influence over the plaintiff on account of the relationship existing between the two and that the plaintiff had great confidence in the defendant and great reliance upon statements made by him, and by reason thereof, upon his representing and agreeing that he would deed back the property to her at her request, she made the transfers hereinbefore referred to. She alleged further® that defendant at the time of the making of said representations did not intend to deed the property back to her in accordance with his agreement, but intended to defraud plaintiff out of her real property. Allegation was also made that plaintiff did not discover the “said fraud of said defendant until she demanded that defendant deed said property to her, to wit, on or about the first day of November, 1919.”